![]() A cure notice isn’t necessary when the reason for termination is late delivery. The contracting officer must send a cure notice prior to terminating an order for a reason other than late delivery. The contractor must carefully address the issues raised in the notices. They should remember that any acts or omissions of the government giving rise to constructive changes are recognized excuses. ![]() They should fully explain any justifiable causes of delay or failure to perform. The contractor is given one last chance.Ĭontractors should take these notices very seriously and prepare complete responses. It refers to the missed delivery date or the failure to cure the deficiencies cited in the cure notice. The letter informs the contractor that default is pending and invites the contractor to show why the contract should not be terminated. ![]() It should be sent immediately upon termination of the delivery period. Failure to provide the required cure notice is disastrous.Īs a final warning or if the time remaining for delivery is inadequate to permit a realistic cure period of 10 days or more, the show cause letter, set forth in FAR 49.607(b) may be used. The contractor can use the failure to provide the cure notice as an absolute defense in its termination for default appeal. The 10 days may be prolonged if the contracting officer considers it reasonably necessary. In preparing a cure notice, care should be taken to identify the failures and to suggest the cures.
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